Roommate move out cost

[kaylinguyen]

My husband and I were sharing an apartment with another couple. They broke up and the husband left the house before the 30 day notice. After we found another place, a bill was sent to us stating that we we owed $2000, mostly due to new carpet replacement, cleaning, etc. There was pet damage and stains and we owned the pet. The other couple is now saying that we are fully responsible for everything? He never came back to check on the apartment. I believe that they still owe half of the last month rent due to the rental agreement, and the move out contract breaking fee, along with half the cost of damage. All four of our names are on the rental agreement.

Can I sue them in small claims even though we have not paid the landlord the $2000 yet? We're actually waiting to counter-sue because there was a co-signer involved. Do the co-signer have to pay before they sue us? I would pay up front and then sue my roommates, but it would be hard to get anything from them since there isn't any wage or property. Thanks.

 

[army judge]

Pay up and avoid ruining your credit or rental possibilities in the future.

You can sue anyone.

Don't expect those deadbeats to pay you.

They screwed you once, didn't they?

 

[mightymoose]

You say you received a bill.
Personally, I would not pay unless it was headed to court. If I received an order to appear in court then I would look to square things up. Until then, forget about it.
As for the bill itself, was it itemized and received within a few weeks of your move out? If it is not itemized or if you received it after the time required by law (I think it is 21 days), then you are home free and don't owe a dime... in fact you are due your full refund.
You won't get anywhere arguing that the other tenants owed you rent... they did not owe you at all. They owed the landlord... unless you were subletting, and that raises the question of whether or not you were subletting legally.

 

[kaylinguyen]

The bill was itemized and sent in a timely matter. All of our names were on the renting contract, so if we were to get sued (by the landlord or the co-signer) they would have to sue all four of us, correct?

 

[army judge]

No. They could choose to sue one, two, three, or four of you.

Why worry?

Whatever happens, happens.

 

[mightymoose]

The landlord can sue anyone that was on the lease. If you are eventually sued and ordered to pay then you could try and sue the other tenants to compensate for your loss. The landlord is likely choosing you because you are the one that is most likely able to pay.

You can probably dispute some of the items the landlord is billing you for. How old was the carpet, and what condition was it in when you moved in? Is there anything you are being billed for that is not damage caused by a tenant? Does any of it appear to be ordinary wear and tear?

Still- no need to do anything unless the landlord tries to sue you.